ARCHIVE FOR 2018 RUSSIAN
mag->month > 0 ) { ?>
mag->getMonthString();?> mag->year;?>
mag->pdf_file): ?>
sess && $this->sess->isArticlePayed()):?>
Февраль 2018
CONTENT
Chief editor’s column
Interview of the issue
The Event. Comments of the Experts
Topic of the issue
A.I. Savelyev Some risks related to tokenisation and blockchainisation of civil-law relations The paper is focused on the analysis of the problems that may
be driven by mass tokenisation of the objects of civil law, i.e.
creation of a digital representation of such object in the form
of a record in blockchain where the value of such object is
transferred subsequently by means of disposal of such token,
which is a subject of separate rights to it. There are three
problems outlined in the paper: 1) a possible displacement
of existing legal regimes of objects of civil rights by the legal
regime of the token; 2) the problem of definition of the nature
of rights to token (in rem vs. in personam) as well as remedies
for their violations; and 3) privacy issues associated with
the growth of metadata relating to performed transactions,
and resulting from mass tokenisation and blockchainisation
of law. Provisions of the Belarus Decree “On the development
of digital economy” of 21 December 2017 were taken to illustrate
the problems.
Keywords:
token, blockchain, object of civil law, privacy, personal data
Buy a PDF
V.V. Arkhipov Personal data as nonmaterial values (or there is nothing more practical than a good theory) The paper discusses issues related to the data subject’s consent
to the processing of their data in a digital economy and
Big Data context. The author supposes that the main problems
with applying personal data legislation are conceptual
rather than practical. He suggests and, with consideration of
existing civil law approaches, does substantiate that personal
data qualifies as non-material values. From this perspective,
relationships between the data subject and the operator involving
the former’s consent are to be regulated by civil law
provisions. Thus, the consent could amount to a unilateral
transaction. And the provisions relating to transaction types,
invalidity, active civil capacity, and general principles of civil
law would be applicable in this respect as well. Such an approach
will help establish formal certainty, eliminate alleged
gaps in legislation and build a stronger case for classic principles
and rules of legal interpretation in the course of application
of personal data legislation. According to the author,
these issues directly relate to the context of Big Data and
digital economy which calls for flexible approaches to giving
consent to process personal data.
Keywords:
informational law, civil law, personal data, non-material values, consent to process personal data, legal interpretation, digital economy, Big Data
Buy a PDF
A.V. Neznamov, V.B. Naumov Regulation strategy for robotics and cyberphysical systems This paper outlines principal approaches to the regulation
of robotics, artificial intelligence and cyberphysical systems
worldwide as well as the prospects of such regulation in Russia.
Main legal problems are highlighted along with doctrinal
views on matters under discussion. The authors suggest
a regulatory strategy and detail its possible elements.
Keywords:
artificial intelligence, regulation of robotics, robots, cyberphysical systems, robot law
Buy a PDF
A.O. Klinov The legal regulation of crowdfunding in Russia and foreign jurisdictions This paper establishes the legal nature and defines the essence
of crowdfunding as the category that is an integral part
of e-commerce. Five models of crowdfunding legal relations
have been outlined along with the conflict of laws issues. The
author analyses the scope of regulation of this sphere in foreign
jurisdictions. Laws in the USA, Canada, the European
Union and its Members States are reviewed. Moreover, the
crowdfunding perspectives in Russian legal system were indicated.
Keywords:
crowdfunding, e-commerce, e-residency, securities and negotiable instruments market, private international law, foreign legislation, conflict of laws
Buy a PDF
A.Yu. Ivanov Merger review in the digital age: episode one in discussions on the fifth competition law reform package Entering into discussion about the necessary changes in
the Russian legal system for adopting it to the digital economy
development needs, the author explores the role of
the Competition Law and Policy in addressing such inevitable
side effects of industrial revolutions like inequality growth
and market monopolisation. In this context, merger review
mechanism that was relatively marginalised in competition
law practices during the previous economic cycle is analysed
in details. Starting with the recent Bayer-Monsanto merger
case, the author describes the way merger review process
shall evolve in the digital economy context, and what legal reforms
are necessary for encouraging its future evolution into
more practical and useful tool for preventing monopolisation
in the digital markets.
Keywords:
antitrust, merger review, remedies, digital platforms, digital monopolies, competition law reform, Bayer, Monsanto
Buy a PDF
Press Release
Theory and practice
G.A. Esakov Russia and the Rome statute: revisiting the history of relations The paper concerns the recent history of relations between
Russia and the Rome Statute. This history began in the 1990s,
during the preparatory stages for the Statute’s enactment,
and officially ended in 2016. During this period of time, there
were changing attitudes to the Statute, attempts to ratify it,
and proposals to change national legislation with regard to
international crimes. The author concentrates on official positions
as to the Statute and related scholarly and political
views. He puts forward the assumption that the relations with
the Statute (and, of course, with the International Criminal
Court) were motivated by political considerations. There were
no significant legal and public discussion as to its ratification,
implementation or rejection. Despite its formal rejection
for the moment, the Statute will surely influence at least academic
discussions about international criminal law matters in
the future.
Keywords:
Rome Statute (RS), international criminal law, International Criminal Court, criminal legislation, ratification
Buy a PDF
G.N. Vetrova Trial by jury: traditions and innovations (reform process) Federal Law No. 190-FZ of 23 June 2016 (which will be
given full effect on 1 June 2018) makes significant changes
in the jury system. These include jurisdiction and composition
of the jury. The upcoming reform will have a major impact
on the exercise of the defendant’s right to trial by jury.
The paper describes the evolution of the legal framework for
jury trials and examines various proposals for the reform.
It gives an overview of legislative novelties and analyses them
as part of the legal foundations of juries.
Keywords:
criminal proceedings, court reform, trial by jury, trial jury, lay judge, jurisdiction, rights of the accused, jury verdict
Buy a PDF
E.A. Ostanina Testamentary execution in the condition of civil law reform The institution of testamentary execution was seriously
changed by the new law. These changes are good in general,
but some details need additional regulation. This paper looks
at the practical implications of the new rules affecting the status
of executor.
Keywords:
testamentary execution, transaction, heir, inheritance, representative
Buy a PDF
E.V. Obukhova Specific characteristics of entitlement to indirectly held securities Formal and material legitimation to paperless securities is
rarely discussed in Russian literature. The notion of the legitimated
person as well as rights of ultimate purchasers and
financial intermediaries are the key issues that determine
the distribution of title to such securities. Distribution of title
to the ultimate acquirer or to the nominee holder has generated
two main accounting systems: a direct (including transparent)
system and an indirect system. The difference between
the two systems is so significant that intermediated securities
derived from paperless securities have even acquired
a separate generic name in certain jurisdictions. This paper
discusses the concept of intermediated securities in Russian
law and practice. It provides an analysis of recent changes
in the statutory procedure for maintaining registers of persons
entitled to paperless securities. The intent is to define
the subject (balance of titles) and nature of rights attached
to indirectly held securities as well as methods to minimise
the risks that are inevitably raised by indirect holding.
Keywords:
indirect securities holding, paperless securities, depository securities, securities entitlement holder
Buy a PDF
